Dhanesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4833 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- DINARA District- Rohtas ====================================================== 1.

Dhanesh Singh, son of Nand Gopal Singh, 2.

Dinesh Singh, son of Nand Gopal Singh Both resident of village and P.O.- Akorha, P.S. Dinara (Bhanas), Distt. Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagdish Prasad, Advocate.

For the informant : Mr. Babu Nandan Prasad, Advocate. For the Opposite Party/s :

Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2019 Supplementary affidavit has been filed on behalf of the petitioners stating therein that three other cases are pending against them but, due to inadvertence in paragraph-3 of the bail petition it has wrongly been mentioned that petitioners have no criminal history. Let it be kept on record.

Heard learned counsel for the petitioners, counsel for the informant and the State.

The petitioners seek bail in Dinara (Bhanas) P.S. Case No. 229 of 2018, instituted for the offence under Section(s) 302, 201 and 34 of Indian Penal Code. It is alleged in the written report that father of the informant Ram Nagina Singh, after taking meal, went to sleep in the Dalan. In the next morning, his daughter Chandni Kumari

Patna High Court Cr.Misc. No.4833 of 2019(2) dt.05-02-2019 2/3 went to clean Dalan and did not find her grandfather. She told her father about it. Thereafter, the informant went and did not find his father, but his shirt was there. He started making search, but he could not find him anywhere. It is further alleged that on 1.7.2018, he heard that a dead body is lying in a dried well in the western Badhar in the field of Dhodha. He went there and found the dead body of his father Ram Nagina Singh. During search, he learnt that at 9:00 p.m. his father had gone towards Dalan. The villagers had seen in the night at about 11:00 p.m. petitioner coming from Badhar to the village. It is further alleged that informant has got land dispute with the petitioner for which Mar-Pit had also taken place.

Counsel for the petitioners submits that besides such suspicion, there is no allegation of overt act against the petitioners.

Petitioners are in custody since 10.9.2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Lal Bihari Paswan, Judicial Magistrate, 1st Class, Bikramganj, in

Patna High Court Cr.Misc. No.4833 of 2019(2) dt.05-02-2019 3/3 connection with Dinara (Bhanas) P.S. Case No. 229 of 2018, subject to the condition that both the bailors will be close relatives of the petitioners.

(Sanjay Priya, J) S.Ali/- U T